The definitions in 36 CFR 800.16 are applicable and are agreed upon by all parties to this agreement. In some cases, the CHPA may decide that additional consultative comments should be made with respect to a company for which an agreement is being implemented. In this case, the CPA gives a written position to the Agency`s agent when the contract is executed. In such circumstances, the CHPA will normally require the Agency official to provide the CHPA`s submissions to all advisory parties. Section 106 agreements should follow a standard format. These include the distribution of the document into titles, preambles, provisions and signatures. Each of these parts has a specific function to perform and must be clear, complete and clear. enterprises. In the preamble, the project or program (the company), the type of federal government involvement and/or whether it is a support, license or other authorization, or other authorization, should be clearly defined. It is useful to list the legislative powers that form the legal basis for the involvement of the federal authority. The name and description of the entity in the section 106 agreement should be consistent throughout the agreement and used in other contexts, for example.
B in documents prepared for NEPA or information sites. Project numbers or plan titles and dates can be added to further identify the specific company or program. The preamble should also describe why the federal authority has defined a programmatic approach to the circumstances of the project or program. All Section 106 agreements should include a dispute resolution provision to resolve disputes over the importance, liability or performance of the provision. The boilerplate language for a dispute settlement provision is included in the MODEL-MOA. Although it involves the referral of unresolved disputes to the ACHP, the registration of the ACHP does not always require the signature of the ACHP on the MOA or the Palestinian AUTHORITY. This role is consistent with the PDO`s oversight of Procedure 106 and does not require the Agency to take concrete action. As part of these guidelines, there are two checklists of contractual documents, each containing a number of questions, to ensure that the final document contains the necessary information that needs to be fully implemented. Checklists contain references to other useful provisions that may be appropriate in many contractual documents.
The following explanation from the first checklist, “Section 106 Contract List: Content,” contains additional information on the various themes and their application to Section 106 on the evolution and implementation of contracts.
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